Judicial notice is a court’s acceptance of a well-known and indisputable fact without requiring the party relying on the fact to prove it. The doctrine of judicial notice is one of common sense, and is based on the theory that where a fact is well-known in the community—or its existence is easily determined from sources that cannot be reasonably questioned—it would not be a good use of judicial time and resources to require formal proof of the fact in court. A court may take judicial notice of both facts and laws.
In Alaska, the concept of judicial notice aligns with the general principles found in both state statutes and federal law. Alaska Rule of Evidence 201 allows courts to take judicial notice of a fact that is not subject to reasonable dispute because it is either generally known within the trial court’s territorial jurisdiction or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. This includes facts and laws. For instance, a court in Alaska may take judicial notice of historical events, scientific facts universally accepted, and the content of state and federal laws. The rule is designed to expedite proceedings by avoiding the need for parties to prove facts that are already commonly known or easily verifiable. However, parties are typically notified if the court intends to take judicial notice, and they are given an opportunity to be heard on the matter if they object.